Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 52 of 2004
Compilation No. 7
Compilation date: 12 October 2017
Includes amendments up to: Act No. 108, 2017
Registered: 13 October 2017
About this compilation
This compilation
This is a compilation of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 that shows the text of the law as amended and in force on 12 October 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Introduction
1 Short title
2 Commencement
3 Schedule(s)
5 Definition of relates to defence service
6 Defence service relating to duties before the commencement date
Part 2--Application of the MRCA to certain injuries, diseases, deaths, losses and damage
7 Application of the MRCA to certain injuries, diseases and deaths
8 Application of the MRCA to injuries, diseases and deaths etc. caused by certain treatment
9 MRCA does not apply to aggravations of, or material contributions to, VEA injuries and diseases
10 Subsection 7(4) of the DRCA does not apply
11 Application of the MRCA to loss or damage to medical aids
Part 3--Persons who have both VEA/DRCA and MRCA injuries and diseases
13 Bringing across impairment points from a VEA or DRCA injury or disease
14 Offsetting VEA and DRCA payments against a Special Rate Disability Pension
Part 4--Other transitional provisions
15 No dual entitlement for similar benefits
16 Offsetting amounts of Commonwealth superannuation under the MRCA
17 Amount of compensation where a person has redeemed an amount under the DRCA
18 Rehabilitation under the MRCA for persons undergoing rehabilitation under the VEA or DRCA
19 Bringing across current Statements of Principles determined under section 196B of the VEA
20 Bringing across the current Veterans' Children Education Scheme
21 Bringing across the current Treatment Principles etc.
22 Bringing across declared member declarations
23 Decisions reviewable under Chapter 8 of the MRCA
24 Regulations may provide for transitional etc. issues
Schedule 1--Amendment of the Veterans' Entitlements Act 1986
Part 1--Main amendments relating to transitional and application issues
Part 2--Amendments relating to income support supplement
Part 3--Amendments relating to the Statements of Principles
Part 4--Amendments relating to offsetting permanent impairment payments under the SRCA
Schedule 2--Amendment of the Safety, Rehabilitation and Compensation Act 1988
Part 1--Main amendments relating to transitional and application issues
Part 2--Defence-related injuries and deaths etc.
Schedule 3--General consequential amendments
A New Tax System (Family Assistance) Act 1999
A New Tax System (Family Assistance) (Administration) Act 1999
A New Tax System (Medicare Levy Surcharge--Fringe Benefits) Act 1999
Data-matching Program (Assistance and Tax) Act 1990
Defence Force (Home Loans Assistance) Act 1990
Defence Reserve Service (Protection) Act 2001
Disability Discrimination Act 1992
Farm Household Support Act 1992
Fringe Benefits Tax (Application to the Commonwealth) Act 1986
Registration of Deaths Abroad Act 1984
Taxation Administration Act 1953
Schedule 4--Consequential amendments of Income Tax Assessment Acts
Part 1--Amendment of the Income Tax Assessment Act 1936
Part 2--Amendment of the Income Tax Assessment Act 1997
Part 3--Application and amendment of assessments
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 | 52, 2004 | 27 Apr 2004 | s 4-24 and Sch 1-4: 1 July 2004 (s 2(1) items 2-7) |
|
100, 2004 | 30 June 2004 | Sch 6 (items 1-4): 1 July 2004 (s 2(1) item 8) | -- | |
100, 2005 | 6 July 2005 | Sch 2 (item 22): 1 July 2004 (s 2(1) item 40) | -- | |
Veterans' Affairs Legislation Amendment (Statements of Principles and Other Measures) Act 2007 | 29, 2007 | 15 Mar 2007 | Sch 4 (item 30): 16 Mar 2007 (s 2(1) item 7) | -- |
Veterans' Affairs Legislation Amendment (2007 Measures No. 1) Act 2007 | 89, 2007 | 21 June 2007 | Sch 3: 1 July 2004 (s 2(1) items 20, 21) | -- |
Veterans' Affairs Legislation Amendment (Military Compensation Review and Other Measures) Act 2013 | 99, 2013 | 28 June 2013 | Sch 10 (items 1-8): 1 July 2013 (s 2(1) item 4) | Sch 10 (item 8) |
Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017 | 108, 2017 | 14 Sept 2017 | Sch 3 (items 22-42): 12 Oct 2017 (s 2(1) item 5) | Sch 3 (items 34, 37) |
Provision affected | How affected |
Part 1 |
|
s 4..................... | am No 108, 2017 |
Part 2 |
|
s 7..................... | am No 100, 2004; No 99, 2013; No 108, 2017 |
s 8..................... | am No 100, 2004; No 99, 2013; No 108, 2017 |
s 9..................... | rs No 99, 2013 |
s 10.................... | am No 108, 2017 |
s 11.................... | am No 108, 2017 |
Part 3 |
|
Part 3 heading............. | rs No 108, 2017 |
s 12.................... | rep No 99, 2013 |
s 13.................... | am No 99, 2013; No 108, 2017 |
s 14.................... | am No 108, 2017 |
Part 4 |
|
s 15.................... | am No 108, 2017 |
s 16.................... | am No 108, 2017 |
s 17.................... | am No 108, 2017 |
s 18.................... | am No 108, 2017 |
s 22.................... | am No 108, 2017 |
s 23.................... | am No 108, 2017 |
s 24.................... | am No 108, 2017 |
Schedule 1 |
|
item 28.................. | rep No 29, 2007 |
item 126................. | rep No 89, 2007 |
item 130................. | rep No 89, 2007 |
Schedule 3 |
|
item 95.................. | am No 100, 2005 |